EuGH · C-100/07

Subject of the case Operative part Subject of the case Re: Appeal against the judgment of the Court of First Instance (First Chamber) of 13 December 2006 in Case T-138/03 É.R. and Others v Council and Commission , by which the Court dismissed as partially inadmissible and, for the remainder, as unfounded, the action brought by the applicants seeking compensation under Article 235 EC and the second paragraph of Article 288 EC for the damage allegedly suffered as a consequence of the infection and subsequent death of members of their families who suffered from a new variant of Creutzfeldt-Jakob disease, which was linked to the outbreak and spread in Europe of bovine spongiform encephalopathy, for which the Council and the Commission were allegedly responsible – Conditions giving rise to non contractual liability of the Communities. Operative part Operative part: 1. The appeal is dismissed. 2. É.R., O.O., J.R., A.R., B.P.R., T.D., J.D., D.D., V.D., D.E., É.E., C.R., H.R., M.S.R., I.R., B.R., M.R., and C.S. are ordered to pay the costs.